It’s a felony in California to shoot a gun at a vehicle or building while there are people in it.
Because this can result in serious injury or even death, the state treats these cases very seriously. Penalties can range as high as seven years in state prison and fines of up to $10,000.
That said, these cases are often complex and not as straightforward as they seem.
Many people facing this charge often had to act in the heat of the moment, doing their best during intense personal conflicts or situations they believed required drastic action. Whatever the circumstances, understanding the law and the options available can make all the difference.
Definition of shooting at an inhabited building or vehicle under California law
California Penal Code 246 PC makes it a felony to willfully and maliciously shoot at:
- An inhabited home,
- A building with people in it,
- An vehicle with people in it, or
- An aircraft.
This law is intended to protect individuals and communities from the dangers posed by gunfire targeting structures or vehicles where people may be present.
Let’s take a moment to break down what this means:
- Willfully and maliciously means the act was done on purpose and with unlawful intent, such as to harm, frighten or disturb others. Accidents, even involving a firearm, do not meet this standard.
- Inhabited refers to any residence currently used as a dwelling, even if no one is inside at the time of the shooting. Structures temporarily vacated due to a natural disaster are still considered inhabited.
- Shooting at includes firing near a target in a way that demonstrates disregard for the likely outcome, even if the shot doesn’t directly strike the structure or vehicle.
As we mentioned above, the prosecution must prove that the act was intentional and that the target was one of the four mentioned above.
Penalties for a 246 PC violation
A conviction under Penal Code 246 is a felony with significant consequences.
Sentencing options include probation, up to one year in county jail, or three, five, or seven years in state prison. Fines can reach $10,000, and the conviction results in a permanent criminal record.
More severe penalties apply when aggravating factors are involved. If someone is injured or killed, California’s “10-20-life” gun enhancement law can add 25 years to life in prison. Allegations of gang involvement can result in an additional two to four years.
This offense is classified as a serious felony under California’s Three Strikes law. A conviction counts as a strike, doubling sentences for future felonies and leading to 25 years to life for a third strike.
For non-citizens, a Penal Code 246 conviction carries immigration consequences, including deportation.
Defenses against 246 PC charges
There are valid defenses that can be raised against charges of shooting at an inhabited building or occupied vehicle. These depend on the circumstances and evidence, but some of the most effective include:
- Self-defense or defense of others – If you reasonably believed someone was in imminent danger and firing the weapon was necessary to prevent harm, this may justify your actions.
- Accident – A lack of intent can be a strong defense. If the firearm discharged unintentionally or you were unaware the gun was loaded, the charges may not hold.
- False accusations or mistaken identity – Eyewitness errors or deliberate false reports can lead to wrongful accusations. A skilled defense attorney can challenge the evidence and present alternative explanations.
The nuances of these defenses require careful analysis of the facts. A strong legal strategy often includes scrutinizing forensic evidence, witness statements and law enforcement reports to identify weaknesses in the prosecution’s case.
Get legal help today
A charge under Penal Code 246 is serious, but it’s not hopeless. With over 40 years of experience, Robert M. Helfend has defended clients across California, taking on some of the toughest cases with proven success. His personalized, aggressive defense strategies aim to secure the best possible outcome, whether that’s reducing charges, negotiating a favorable plea, or taking the case to trial.
Don’t wait to get help. Contact Robert M. Helfend today to discuss your case – 805-273-5611.
Published January 11, 2025.